VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01854
Package ID: USCOURTS-cofc-1_19-vv-01854
Petitioner: Dennis Mantia
Filed: 2019-12-09
Decided: 2022-06-24
Vaccine: influenza
Vaccination date: 2018-09-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47500

AI-assisted case summary:
Dennis Mantia filed a petition for compensation under the National Vaccine Injury Compensation Program on December 9, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 21, 2018. Mr. Mantia stated the vaccine was administered in the United States, he experienced residual effects for more than six months, and had not received prior compensation. The respondent, the Secretary of Health and Human Services, denied that Mr. Mantia sustained a SIRVA Table injury or that the flu vaccine caused his alleged shoulder injury. Despite these positions, the parties filed a joint stipulation on May 18, 2022, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the court's decision. Mr. Mantia was awarded a lump sum of $47,500.00, payable by check, representing compensation for all damages available under the program. The decision was entered on June 24, 2022. Petitioner was represented by Howard Scott Gold of Gold Law Firm, LLC, and respondent was represented by Martin Conway Galvin, a trial attorney with the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical expert witnesses involved in this case.

Theory of causation field:
Petitioner Dennis Mantia received an influenza vaccine on September 21, 2018, and alleged a shoulder injury related to vaccine administration (SIRVA). Respondent denied a SIRVA Table injury or that the vaccine caused the alleged injury. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $47,500.00 as a lump sum. The stipulation does not admit that the vaccine caused the injury or that it was a Table injury. The public text does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered beyond the stipulation. Petitioner was represented by Howard Scott Gold, and Respondent by Martin Conway Galvin. The decision date was June 24, 2022.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-01854-0
Date issued/filed: 2022-06-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/19/2022) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01854-UNJ Document 40 Filed 06/24/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1854V
UNPUBLISHED
DENNIS MANTIA, Chief Special Master Corcoran
Petitioner, Filed: May 19, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On December 9, 2019, Dennis Mantia filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine
administration (SIRVA) after receiving the influenza (flu) vaccination on September 21,
2018. Petition at 1; Stipulation, filed at May 18, 2022, ¶¶ 1-2. Petitioner further alleges
that the vaccine was administered within the United States, he experienced the residual
effects of this condition for more than six months, and that he has never received
compensation in the form of an award or settlement for his injuries. Petition at 1, 5;
Stipulation at 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury;
denies that the flu vaccine caused his alleged shoulder injury, or any other injury; denies
that his current condition is a sequelae of a vaccine related injury.” Stipulation at ¶ 6.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the Decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01854-UNJ Document 40 Filed 06/24/22 Page 2 of 7
Nevertheless, on May 18, 2022, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $47,500.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to
enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:19-vv-01854-UNJ Document 40 Filed 06/24/22 Page 3 of 7
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DENNIS MANTIA,
Petitioner, No. 19-1854V
V. Chief Special Master Corcoran (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
STIPULATION
The parties hereby stipulate to the following matters:
1. Dennis Mantia ("petitioner'') filed a petition fer vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to -34 (the "Vaccine Program"). The
petition seeks compensation for injuries allegedly related to his receipt of an influenza ("flu") vaccine,
which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F .R. § I 00.3(a).
2 Petitioner received the flu vaccine on September 21, 2018 in his left shoulder.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration
(''SI.RV J.,.") within tht period :1et fon:h iii the i.ab!e, or in ~he alternative, thal his aileged shoulder
injury was caused by the flu vaccine. Petitioner further alleges that he experienced the residual
effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action for
damages as a result of his condition.

Case 1:19-vv-01854-UNJ Document 40 Filed 06/24/22 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused his alleged shoulder injury, or any other injury; denies that his current condition is a
sequelae of a vaccine related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms oft his Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the
following vaccine compensation payment:
A lwnp sum of$47,SOO.0O in the form ofa check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U. S.C.
§ 300aa-2l(a)(l), and an application, the parties will submit to further proceedings before the
special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to this
Stipulation is not for any items or services for which the Program is not primarily liable under 42
U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to
be made under any State compensation programs, insurance policies, Federal or State health benefits
programs (other than Title xrx of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities
that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
2

Case 1:19-vv-01854-UNJ Document 40 Filed 06/24/22 Page 5 of 7
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l5(i), subjectto
the availability of sufficient statutory funds.
12 The parties and their attorneys further agree and stipulate that~ except for any award
for attorneys, fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict
construction of 42 U.S.C. §300aa-l5(a) and (d), and subject to the conditions of4 2U.S.C. § 300aa
l5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual
capacity, and on behalf of his heirs, executors, administrators, successors or assigns, does forever
irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of
Health and Human Services from any and all actions or causes of action (including agreements,
judgments, claims, damages, loss of services, expenses and all demands of whatever kind or
nature) that have been brought, could have been brought, or could be timely brought in the Court of
Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300 aa-10
et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or
unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted
from, the flu vaocination administered on September 21, 2018, as all~ged by petitioner in a petition
for vaccine compensation filed on or about December 9, 2019, in the United States Court of Federal
Claims as petition No. 19-1854V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon
proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete confonnity with thetenns
3

Case 1:19-vv-01854-UNJ Document 40 Filed 06/24/22 Page 6 of 7
oft his Stipulation or ift he Court of Federal Claims fails to enter judgment in confonnity with a
decision that is incomplete confonnity with the tenns of this Stipulation, then the parties' settlement
and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement ofliability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as
otherwise noted in paragraph 9 above. There is absolutely no agreement on the part oft he parties
hereto to make any payment or to do ~my act or thing other than is herein expressly stated and
. .
clearly agreed to. The parties furthzr agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount
of dama_ges, and further, that a change in the nature of the injury or condition or in the items of
compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury, or
any other injury, or her current disability or condition, or that petitioner suffered an injury con\ained in
the vaccine table.
18. All rights and obligarions of petitioner hereunder shall apply equally to petitiorer's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:19-vv-01854-UNJ Document 40 Filed 06/24/22 Page 7 of 7
r
Respectfully submitted,
I
PETITIONER: ,I t\
fov.JVa~
DENNTS~ANTIA
AITORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
HOW ARDS. GOLD HEATHER L. PEARLMAN
Gold Law Finn, LLC. Deputy Director
1 Hollis Street, Suite 220 Torts Branch, Civil Division
Wellesley, MA 02482 U.S. Department of Justice
Tel: (781) 239-1000 P.O. Box 146
Email: hgold@goldlawfirm.net Benjamin Franklin Station
Washington, DC 20044-0146
AlITHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALffl RESPONDENT:
AND HUMAN SERVICES:
Olgltally 5lgned by George R.
George R. Grimes-S14 ~~
Grfmes-S14
0.tr. 2022.05.02 15:42:34--04'00'
CDR GEORGE REED GRIMES, MD, MPH MARTIN GALV IN
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 305-3071
600 Fishers Lane, OS-N146B Email: Martin.Ga1vin@usdoj.gov
Rockville, MD 20857
&/y
~
(XO~
Dated: